Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1887-11-03
AN IMP0RTANT CASE
THE nzuIsioa or A gusxIuz LIKELY 10 n
UPSET. o. TIE aUEgIIoN or
grfu1nnfCTfnN

TIE nnuIsioa or A yusxIoz LIKELY 10 N
UPSET o. TIE eUEgzIoN OF
yU8IsDIcTfoH.
Joseph Bowers who was arrested By
police ofleeF r. A. Fay On ChsEry street
on Wednesday night under the circum-
stances detailed in yesterdays Posr-IN-
TEELIoEscKR, was brought up in Justice
Bodsrbese's court yesterday charged
with assault and battery. Thers Was
another and more serious charge behind
this bot u vas decides 10 pFoseeuis him
under the lighter charge. After the
sviience Of Mrs Joseph khmnnns whom
the prisoner assaulted, MFs. MoAndEews
Who accompanied her and etheFa bad
been heard, the Justice found Bowers
,ullty and sentenced him 20 pay q fine
OF &1,o0o. end 10 defau't 81 payment
sent him TO the county jail for SEQ days.
After the decision had been rendered
and Il beoams generally known among
the legal fraternity, doubts vera en-
pressed a. 10 the power Of the Justice
10 pass such q sentsDea.
WHAT JUDGE GREENE HAYs.
After hearing q number Of contrary
opinions on the subieut q reporter for
the Posr-INTKLxIoUNcKR, noticing that
all Who affirmed the power Of the Jus
iice did 90 on the strength Of an alleged
opinion said 10 have b=eR given b. ex-
Chief Justice Greene In 1884, detoRmin-
ed 70 call on that gentleman and ask
bis opinion. Judge Greene, In answer
to questions, said that be had no hesi-
tation ia saying that the Justice had no
power 20 pass q senteuue inflioting any
ine exceeding three hundred dollars ID
any case whatever. The organic act Of
tho territory provided that Ihe i1Kisdie-
ton OF Justices Of the Peace only ex-
tended 10 cases wherein the fine did not
exceed enc hundred dollars. The leRis-
lature afterwards passed an oct grant
ing concurrent jurisdiction 10 Justices
Of the Peace In certain Gases Including
assault and battery and cases where
the hne did not exceed three hundred
collars. Congress, at the request OF
the legislature, after 1his passed an act
inoreaaing the Jurisdiction Of justices Of
the Peace 10 three hundred dollars.
The organic act and any act Of Con
greas 0vegridea any sch Of the leGisla-
ture, and even II the legislature should
pass an Get giving Justices Of the Peace
full Jurisdiction IN certain cases with
power to hne 10 the amount OF one
thousand dellars. as the District Courts
are empowered 10 do, the act would be
nall and void unless Congress should
pass an aet confirming Il.
The question was asked whether The
fact Of the prisoner having been tried
once and convicted could not be released
under a writ Of habeas corpus and
whether The previous sentence would
not Be q bar % farther PROCEEDINGS.
Judeo Greene said not, the judgement
could Be- withdrawn and the Justice
could than sit e. committing maQia-
trate and send the prisoner for trial.
oruR oPrRIoRs.
This opinion Of The ex- Ohief Justice
was communicated 10 the Assistant
prosecuting Attorney, who said that be
believed that 10 be sound Law and
should look the matter up today and
ael in accordance with what be found
10 be the laV. Among thoss Who we're
present when the opinion vas repeated
60 mr.. Piles were some other lawyers
and parties interested In Law and they
we're % the opinion that 9 Justice Of
the Peace has no power TO withdraw q
Judgment once rendered. This made
the case appear still more interesting.
Justice BodeFbefg On being spoken b
oa the subieca said that Il JudRe
GFeene's decision we're right the jude
ment would be good IS far 80 The 500
and void as 10 the remaining 500, and
that that was the Law upheld In the eel,
ebEaasd Boss Tweed ease.
In any casa all we're agreed that Z
writ OF habeae corpus we're applied FOL
the judge Of the District Court would
have full power 30 SIC e. Q COMMITTING
magistrate, and could aend the defend-
ant - answer 20 the Grand Jury, and
thai the previous Judgment would Be u
estoppel Of further proceedings 4 thai
oearsa were taken.